New pornography laws came into force in England and Wales on 6 November 2026. The Crime and Policing Act 2026 created new criminal offences of possessing and publishing certain pornographic images.
Material that was lawful to own until recently can now lead to a police investigation, arrest or prosecution.
If you are worried about the new offences, have been contacted by the police or have already been charged, speaking to a specialist pornography defence lawyer early can make a real difference to the outcome.
At Eventum Legal, our criminal defence solicitors provide confidential, discreet, and non-judgmental advice. We understand what an allegation of this nature can mean for your reputation, your career and your family, and we focus on protecting all three.
Call our criminal defence team on 0161 706 0602, email info@eventumlegal.co.uk or use our online enquiry form for confidential advice.
The new offences sit alongside existing criminal law on extreme pornography and indecent images. They target pornographic material that the government considers risks normalising harmful or illegal behaviour in real life.
Each offence applies to images that explicitly and realistically depict certain acts, and only where the people shown appear, to a reasonable person, to be real.
An image is pornographic if it is reasonable to assume it was produced solely or principally for the purpose of sexual gratification. Classified works, such as films certified by the BBFC, are exempt.
It is now a criminal offence to possess or publish pornographic images that explicitly and realistically depict one person strangling or suffocating another. Strangulation generally means applying pressure to another person’s neck, while suffocation covers depriving someone of air in other ways.
The offence can apply even where the activity is portrayed as consensual, and everyone involved is an adult.
The second offence covers images depicting penetrative sexual activity between people a reasonable person would think are related, or are pretending to be related, in certain ways. This includes close family relationships such as parent and child or brother and sister, so incest porn using adult performers who are not genuinely related can still fall within the law. Step-family and foster relationships are treated differently. Images involving step-parents, step-siblings or foster relationships are only covered where at least one person depicted is, or is pretending to be, under 18.
The third offence covers images depicting sexual activity where a reasonable person would think at least one person is, or is pretending to be, under 16. Adult performers role-playing as children are included, even though no child is involved. Realistic AI-generated images and digitally altered images could also fall within this offence if they appear to show real people.
One of the most significant changes is that the offences are not limited to people who create, sell or distribute pornographic material. Possession takes its ordinary meaning, which generally involves custody or control.
Images stored on a phone, tablet, laptop, work computer, external hard drive or cloud account can all be in a person’s possession.
Possession is also a continuing act. Material downloaded long before 6 November 2026 can still give rise to a criminal offence if it remained in your custody or control after the new law took effect.
Whether someone legally possesses an image depends on the specific circumstances, including what they knew about it and whether they could actually access it.
The new offences also make it illegal to publish pornographic images within any of the three categories. Publication is far broader than commercial distribution and includes giving or making an image available to another person by any means.
Sending a video through a messaging app, posting to social media accounts, sharing in a group chat or uploading to a website can all amount to publication.
Publication can be an ongoing act, too. Material posted before November 2026 that remains available online or in a group chat may be treated as published after the new law came into force. The precise nature of any alleged sharing is often central to the defence, which is why it is so important to seek specialist legal advice.
| Offence | Possession | Publication |
|---|---|---|
| Strangulation or suffocation | Up to 2 years | Up to 5 years |
| Penetrative sexual activity between certain relatives | Up to 2 years | Up to 5 years |
| Sexual activity involving a person under 16, or pretending to be | Up to 3 years | Up to 5 years |
These figures show the maximum sentence for each offence, and the maximum penalty is generally reserved for the most serious cases. The sentence in any individual case depends on the nature and volume of the material, the circumstances and the strength of the evidence.
A conviction can have consequences beyond years’ imprisonment. Some offences involving images of people under 16 can lead to notification requirements on the sex offenders register, and the court may make a Sexual Harm Prevention Order for any of the new offences where it is necessary and proportionate.
A conviction can also affect employment, professional registration, relationships and travel.
Finding an image on a device does not automatically prove a criminal offence. The prosecution must prove every element, and the legislation also provides specific statutory defences.
A defence applies where you had not seen the image and did not know, or have cause to suspect, that it fell within the offence. There is also a defence that the image was sent to you without being requested and that you did not keep it for an unreasonable length of time.
Having a legitimate reason for possessing or publishing the image may also provide a defence. Finally, people who directly participated in the act shown may be protected where other conditions are met, including that no one depicted was under 16 and that no non-consensual harm was involved. The image was shared only with those who appear in it.
Many cases turn on the detail. Our specialist solicitors carefully assess whether the material meets the precise statutory definition, whether you knew it was there, whether other people had access to your devices or accounts, and what the digital forensic evidence actually shows about how files were downloaded, stored or shared.
Where appropriate, we instruct independent forensic experts to test the prosecution’s case.
Police investigations under the new pornography laws usually involve the seizure and forensic examination of electronic devices. Officers may examine downloads, internet history, messaging apps, cloud storage and social media accounts.
If you have been invited to a voluntary interview, arrested or told you are under investigation, seek specialist legal advice before you answer any questions. You are entitled to free and independent legal advice at the police station, including at a voluntary interview.
Do not delete, alter or interfere with potential evidence without advice, as doing so can create further legal problems.
The new pornography offences are separate from revenge porn, although the two are often confused. What is commonly considered revenge porn is now prosecuted as sharing intimate images without consent under section 66B of the Sexual Offences Act 2003. This replaced the older offence of disclosing a private sexual photograph in January 2024.
A revenge porn offence can be committed by sharing a photograph or film of another person in an intimate state without their consent and without a reasonable belief that they consented. An intimate state includes sexual activity and images showing an individual’s exposed genitals, buttocks or breasts.
Threatening to share intimate images is also an offence, and sharing with intent to cause alarm, distress or humiliation, or for sexual gratification, is treated more seriously and carries up to two years’ imprisonment. The law covers altered images, such as deepfakes, as well as conventional photographs and films, and there is a defence where a person had a reasonable excuse for sharing them.
If you have been accused of revenge porn, our revenge porn solicitors can help. Read more on our revenge porn defence page.
Eventum Legal is one of the first all-female law firms in the UK, and we specialise in defending sexual offences and domestic allegations. Our clients come to us at some of the hardest moments of their lives, so our approach is discreet, thorough and non-judgmental. You can speak to us in complete confidence.
We give honest advice in plain English, keep you updated at every stage and offer transparent fees with payment plans for privately funded clients. You can read what our clients say on our reviews page.
An image is pornographic if it is reasonable to assume it was produced solely or principally for sexual arousal. The new offences only apply to the three categories set out above.
No, it is not illegal for adults to watch lawful adult content in the UK. The new law only applies to the specific categories described on this page. However, viewing prohibited material can still raise questions about possession, for example where files are downloaded or saved, so seek legal advice if you are concerned. Publication of specified pornography can result in 5 years’ imprisonment.
Yes. AI-generated images can fall within the new offences where they explicitly and realistically depict a prohibited act and appear, to a reasonable person, to show real people. Images that are clearly animated fall outside these particular offences, although other laws may still apply.
Rule 34 refers to sexual content made about fictional or animated characters. Much of it falls outside the new offences because it does not appear to show real people, but it can still be illegal. Non-photographic sexual images of children, including cartoons and drawings, are prohibited under separate legislation, and realistic material may also be caught by the extreme pornography laws.
The presence of material on a shared device does not automatically mean every user possessed it. Knowledge, access, custody and control are all relevant, and these questions are often central to the defence.
We strongly recommend it. Anything you say at a voluntary interview may be used as evidence.
Legal advice at the police station is free for everyone, regardless of income. Beyond that, costs depend on the case’s complexity and the stage it reaches. We offer fixed fees for many services and payment plans for privately funded clients. See our Services and Fees page or contact us to discuss your case.
If you are under police investigation or facing prosecution under the new pornography laws, early expert legal advice can protect your position. Our specialist sexual offences solicitors provide confidential advice and robust representation across England and Wales, with offices in Manchester and Warrington and meetings available via Teams or Zoom.
Call 0161 706 0602, email info@eventumlegal.co.uk, or complete our online enquiry form to request your free callback.
